THE STATE v FORTUNE MTHANDENI MOYO

HB 141/23

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Case Details

Court

Bulawayo High Court

Date

30 June 2023

Citation

HB 141/23

Neutral Citation

[2023] ZWHB 141

Outcome

unknown

Case Type

Trial

Bench

Presiding

KABASA J

Full Bench

KABASA JMr G Maphosa (Assessor)Mr J Ndubiwa (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderWeaponAssaultIntentConfession

Key Issues

{"issue_text":"Whether the accused intended to cause the deceased's death or realised there was a real risk or possibility that his conduct may cause death but continued anyway","issue_type":"mixed","dispositive":"yes","related_facts":"The prolonged assault with multiple weapons, the accused's verbal threats to kill, the disparity in age and physical condition between parties"}
{"issue_text":"Whether the accused's defence of retaliation and lack of intent is credible","issue_type":"fact","dispositive":"yes","related_facts":"The accused's contradictory testimony, his warned and cautioned statement, witness testimony about the assault"}

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background

Facts of the Case

Background

The accused, 34, fatally assaulted a 67-year-old man at Somhlanga shops in Lupane on 11 February 2022. The assault was prolonged and used multiple weapons including a brick, iron bar, and knife, allegedly motivated by the deceased having impregnated the accused's mother. The accused claimed he acted in retaliation after being slapped and without intent to kill.

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